Judge: Joel L. Lofton, Case: 22AHCV00606, Date: 2023-08-30 Tentative Ruling

Case Number: 22AHCV00606    Hearing Date: April 17, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     April 17, 2024                                     TRIAL DATE: November 14, 2024

CASE:                         ZIMING HE, an individual, v. WING HO, an individual. 

CASE NO.:                 22AHCV00606

MOTION FOR ATTORNEY’S FEES

MOVING PARTY:               Defendant and Cross-Complainant Wing Ho

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed December 21, 2023

RELIEF REQUESTED

             Defendant moves for attorney’s fees totaling $24,395.00.

BACKGROUND

             This case arises out of Ziming He’s (“Plaintiff”) claim that Defendant Wing Ho (“Defendant”) breached a contract where Defendant agreed to pay Plaintiff $211,172.74 to build an accessory dwelling unit (“ADU”). Plaintiff filed a first amended complaint (“FAC”) on March 21, 2023 alleging one cause of action for breach of contract.

TENTATIVE RULING

            Defendant’s motion for attorney’s fees is GRANTED for a total of $24,395.00.

LEGAL STANDARD

            “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ. Code section 1717, subd. (a).)

DISCUSSION

            Defendant moves for attorney’s fees totaling $24,395.00. Court trial was held in this case on November 14, 2023. Defendant’s motion to dismiss Plaintiff’s complaint was granted, and judgment was awarded in Defendant’s favor. Defendant brings this motion for attorney’s fees as the prevailing party based on a contractual term awarding attorney’s fees.

Paragraph XIX of the contract provides: “In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.” (Cross-Complaint, Exhibit A at p. 4.)

            “[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) “The reasonable hourly rate is that prevailing in the community for similar work.” (Ibid.) Once the lodestar figure is calculated, a court may adjust the award based on factors such as “(1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.) “The purpose of such adjustment is to fix a fee at the fair market value for the particular action.” (Ibid.)

            Defendant seeks fees totaling 67.7 hours worked at a rate of $350 plus $3,631.89 in costs. (Ryan Decl. ¶ 2.) Defendant also seeks an additional $700 for fees related to the present motion. (Id. ¶ 3.) Defendant’s hourly rate and number of hours are reasonable.

            Defendant’s motion for attorney’s fees is granted for a total of $24,395.00.

CONCLUSION

            Defendant’s motion for attorney’s fees is GRANTED for a total of $24,395.00.

            Moving Party to give notice.

Dated:   April 17, 2024                                               ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org